Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-02-16
THE EVIDENCE IN
The Schlesinger-Elwes Shooting Case
Heard Yesterday.

At 10 o'clock Police Justice Mediation
called his court to order, and commenced
hearing evidence in the case entitled Terri
tory OF Montana against B. J.. Schlesinger
The Territory was represented by County
Attorney Dewitt and the defendant by at.
torney Duffy. The first witnesses called
were Harry Elves, the man who was shot,
and Drs. Atherton and Fuller. Elves tes.
timony was in effect the same as that OF
witness Rowell, and hat of Anterior and
Fuller corroborated in a measure that OF
Mr.. Gilroy's.
Mr.. Gilroy, in whose place of business the
ARRAY occurred, testified that he entered
his saloon that morning about 11:3O
o'clock. Schlesinger, DR.. Anterior
and ELVES were standing at the bar sbak-
ing dice and drinking; they had several
drinks after he came in. Then a discussion
arose as to the Arion and Comiuue
theatres, Schlesinger remarking that they
were not fit places; that they had ruined
his boy by e%nticing him to spend money
therein: Elves replied, Your boy Vas no
good fifteen years ago." Schlesinger re-
torted, "You id fool, my boy was only
fifteen years old last October After fur
Their talk, in which some hard language was
used, Schlesinger went pack to his Office in
the rear Of the saloon, and returned
again to the bar. On returning Elves
said: you called me a----; re-
member l am fixed; l have q notion to
give it to you anyhow" With this remark
be pulled his pistol. Schlesinger grabbed
him by the pistol hand and forced it down.
ward, at the same time pulling his own pis.
toll and firing it. After the shot was fired.
Elves dropped his pistol on the floor. 1
rnn -%--l:-- ll:-l A.. - - r
could see everything.
At the conclusion of Mr.. Gilroy's testi-
mony, the examination was adjourned I'M
til 3 O'Clock. At the afternoon session
Marshal Jolley was the first witness called.
He testified to meeting Elves on the street,
near the Lizzie block. Elves told me he had
been shot by Schlesinger, and pointed to-
ward Schlesinger, who was then on the
street. ran and caught up with him as
he was entering the secondhand store. I
asked him if he had done the shooting. |
lid he had. Searched him and took the
gun away. asked him why he had done
the shooting. He replied. "No -
can talk about my boy;" and, further. |
that he had to in self-protection, as Elves
had pulled a gun OF him. THE pistol used
by Schlesinger was here exhibited. It ia a (
s~eli-cocking bull dog. ~fve-shooter, with one
cartridge DISCHARGED
The next witness was a Mr.. Rowell, who /
lives at Burlington. He testified that he |
went into Gilroy's that morning while the |
parties were shaking dice at the bar. At |
first the conversation vas oil a pleasant |
nature. Then Schlesinger and Elves com
menced talking about the Arion and
Comlque, Schlesinger saying that his son
was ruined in those places. ELVES replied:
Your son was ruined long before be ever
entered the Arion;' that the proprietors Of
that place had ordered him out and kicked
him out many times; more than you, his
father, ever did when you knew he was
there" These remarks seemed to anger
Schlesinger, and he started for the rear of
the saloon, saying, id you, Tor them. 1
not sure which) 1 will shoot you" He
returned in about a minute, and went IN
to where Elves was standing and a scufae
took place. He crowded Elves against the
vail; had his hand on his throat, or near
lis throat, with the pistol pointed in Ell.
wes' face. I thought at first he was going
punch him in the Eye. Elves kept dode.l